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HomeMy WebLinkAboutPW18-252 - Original - Department of Ecology - Residential Waste Reduction and Recycling Program Grant - 07/01/2017 11 1,,,:�-4000 . T...... Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Blue/Motion Sheet Attached Pink Sheet Attached Vendor Name: Department of Ecology ............................... ...............­­­.......... ............ Vendor Number (JDE): Contract Number (City Clerk): Category: Grant Related Agreement (Non Real PrODertv),,,...... .......P ­�I------------------ 1. ...- Sub-Category (if applicable): Uhooso ain �or, Project Name: Residential Waste Reduction and Recyclinq Proqrarn Grant . .. . ...................... Contract Execution Date: 017/01/2017 Termination Date: 06/30/2019 ­­­.-.......... Contract Manager: TPPY-Donati Department:-..-.-P..W-.:--,Engineering Contract Amount: $61,092.00 1-1111111.............. ...................... ............. Approval Authority: El Director L] Mayor E City Council Other Details: The City will spend,$61,092 an Up tP­fP'urr1 recycling g91Le0qp..qyqnts on or before 06/30i2019. ................................................................................ Agenda Item: Consent Calendar - 8D TO: City Council DATE: June 19, 2018 SUB]ECT: Department of Ecology Waste 2 Resource Grant Authorize MOTION: Authorize the Mayor to sign a Waste 2 Resources Local Solid Waste Financial Assistance Agreement with the Department of Ecology in the amount of $45,819.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This Grant funds Residential Waste Reduction and Recycling Programs including the Spring and Fall recycle events for collection of materials such as: appliances, scrap metal, electronic equipment, mattresses, Styrofoam, bulky yard debris and concrete. The Waste 2 Resources Local Solid Waste Financial Assistance Agreement (LSWFA) is a two year grant funded by the Washington State Department of Ecology. It pays 75% of the "total eligible cost" for recycling events, which for Kent is $45,819.00. The remaining 25% ($15,273.00) must be paid by the local agency, and will be matched by the King County Waste Reduction and Recycling (WRR) Grant and the Local Hazardous Waste Management Program (LHWMP) Grant. EXHIBITS: Waste 2 Resources Local Solid Waste Financial Assistance Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Troutner, Higgins NAY: BUDGET IMPACT: The City will receive from the Washington State Department of Ecology $45,819.00, distributed on a cost basis as tasks are completed. The required 25% match of $15,273.00 will come from the King County Waste Reduction and Recycling Grant and the Local Hazardous Waste Management Program Grant. STRATEGIC PLAN GOAL(S): N 11171ny#twe fiowernment - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. N 1kiming Nelahbothoods find Urtinn Cenkers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. DEPARTMENT OF E ,0 L 0 G Y State of Washington Agreement No. W2RLSWFA-1719-KentPW-00018 WASTE 2 RESOURCES LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as"ECOLOGY," and CITY OF KENT, hereinafter referred to as the"RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 2017-19 LSWFA City of Kent IMP Total Cost: $179,993.00 Total Eligible Cost: $61,092.00 Ecology Share: $45,819.00 Recipient Share: $15,273.00 The Effective Date of this Agreement is: 07/01/2017 The Expiration Date of this Agreement is no later than: 06J302019 Project Type: Planning/Implementation E'rcajcc(Short Descri,ptwri: The RECIPIENT(City of Kent) will spend $61,092.00 on holding up to four(4) Recycle Collection Events, recycling an estimated 80 tons of mixed material and 2.3 tons of moderate-risk waste (MRW) from an expected participation of 1,700 residents, out of an estimated 54,000 contacts made. k'nciiect L,on�1;.,:[}cscriratisan,;, N/A Overall Goal: Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. IMiay. a49��npJ� Ap �� STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504-7600 •360.407.6000 "r� 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 July 9, 2018 Tony Donati City of Kent Engineering 400 West Gowe Kent, WA 98032 RE: Local Solid Waste Financial Assistance Agreement No. W2RLS WFA-1719-KENTPW- 00018 Dear Tony Donati: Congratulations! Enclosed is your 2017-2019 LSWFA Executed Agreement. Ecology encourages you to submit your first payment request and progress report within the next two weeks. Eligible costs incurred from July 1, 2017 through at least July 9 2018 should be submitted for reimbursement. Please contact the Ecology LSWFA Project Manager identified on Page 3 of your Agreement for assistance. Thank you for helping us expedite the application process. Sincerely, Blake Nelson Department of Ecology Grants, Litter, and Outreach Unit Supervisor 360-407-6930 bloke.ilelson(ti)ccv.vva,rzoy RECE "���'� DEPARTMENT OF l VED r ,,,,� o «, JUL 2 2018 EE vqrp� State of Washington Ecology MR. 140 Agreement No. W2RLSWFA-1719-KentPW-00018 WASTE 2 RESOURCES LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN RECEIVED THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY JUN 2 8 2018 AND N Ow dp !NA State Department of Ecology CITY OF KENT This is a Binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as`TCOLOGY," and CITY OF KENT, hereinafter referred to as the"RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 2017-19 LS WFA City of Kent IMP Total Cost: $179,993.00 Total Eligible Cost: $61,092.00 Ecology Share: $45,819.00 Recipient Share: $15,273.00 The Effective Date of this Agreement is: 07/01/2017 The Expiration Date of this Agreement is no later than: 06/30/2019 Project Type: Planning/Implementation Pr(jcct Shtfrt_f")";gfilstippr; The RECIPIENT(City of Kent) will spend$61,092,00 on holding up to four(4) Recycle Collection Events, recycling an estimated 80 tons of mixed material and 2.3 tons of moderate-risk waste(MRW) from an expected participation of 1,700 residents, out of an estimated 54,000 contacts made. Project l�t�rtb Di,s�l'r,rtt ion: N/A Overall Goal: Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. State of W ashingm.Drpgr(1ncnt of f CLI ,), Pape 2 0I N AgrocmentNo W2H[.flWIA-171':I-ICenIPW-00019 Project I dht : )(II/ I;)LSWFA City orken1 IINP Kc6pient Nam¢ CITY i)F f<:LN I RECIPIENT INFORMATION Organization Name: Cl3'Y OF KENT Federal 'Cax ID: 91-6001254 DUNS Number: 000000000 Mailing Address: 220 Fourth Ave S Kent, WA 98032 Physical Address: 220 Fourth Ave S Kent, Washington 98032 Organization Email: tdonati@kentwa.gov Contacts _..�..............__.... .. Project Manager Tony Donati Assistant Conservation Coordinator 220 Fourth Ave S Kent, Washington 98032 Email: tdonati@kentwa.gov Phone: (253) 856-5589 Billing Contact Corey Frame Financial Analyst 220 Fourth Ave S Kent, Washington 98032 Email oframe@kentwa.gov Phone: (253) 856-5589 Authorized 'Pony Donati Signatory Assistant Conservation Coordinator 22C Fourth Ave S Kent, Washington 98032 Email: tdonati@kentwa.gov Phone: (253) 856-5589 Vrrsiun IO130/2013 State or Washington Deparbrcnt of Ecology papr L,I 19 ARreereterit No. W2RL9WfA-1719-uentPW-0001ft Project'I fle 2017-19 LFWPA C ity ot'1<ent l MP Recipient,Name. CITY 06 K N'l ECOLOGY INFORMATION Mailing Address:, Department of Ecology Waste 2 Resources PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Waste 2 Resources 300 Desmond Drive SE Lacey, WA 98503 Contacts _w........ _....__,_ ..__ Vicki Colgan Project Manager 3190- 160th Ave SE Bellevue, Washington 98008-5452 Email: vco1461@ecy.via.gov Phone: (425)649-7224 Vicki Colgan Financial Manager 3190 - 160th Ave SE Bellevue, Washington 98008-5452 Email: vco1461@ecy.wa.gov Phone: (425) 649-7224 Vcm,wi, 10/30/2015 SILLe of Washington Department of 1-.cology Page 4 of 19 Agreement No W2RL Sal FA-1719-KcnrPW-000IR pmjeU I it1e. 2017-19 1,SWFA City of Kent IMP Recipient Name'. C19Y OI'KHN-2 t I j AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials,services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement,Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference,herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a pint of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments,do agree in each and every particular and have thus set their hands hereunto. Washington State CITY OF KENT Department of Ecology By: Laurie Davies Date Tony Donati Date Waste 2 Resources Assistant Conservation Coordinator Program Manager -template Approved to Form by Attomey General's Office Version 100V2015 Slam of Wexnntg(on I)cpartrnetit of FcoIogy Yagc S oL 19 Agrccment No W'RF SWFA-1719-KcntPW-00019 Prnjcct title_ 1017-10 L SWFA Cw,oY Kent IMP Recipient Nnme Ci"CV 0G KFN i Dana Ralph Mayor Date Vcraimt 10I30(201] 91dh Of WW hMIMIn Depnrtment of I r.ulopy I"A1 60l 19 Agiear,uv No W2fu iWFA-1'h9-k, tIIN 00018 ["ol"t'I'11C 2M 19 f+WUA.Citynl keiu INIP Recipient Llainrx 0['Y OF KI N I SCOPE OF WORK Task Number: I Task Cost: $61,092.00 1 ask'fitle: Recycling Operations G'rsk 17usct_Iptippi Activity: Collection Events The RECIPIENT will spend$61,092,00 holding up to four(4) residential Recycle Collection events in a convenient city location for regular and hard-to-recycle items,including batteries, which are considered moderate-risk waste (MRW). Educational materials which describe how to reduce waste and recycle more using City-sponsored or private sector recycling programs,will also be distributed. These are popular and well-attended community events, and eligible for reimbursement from Local Solid Waste Financial Assistance(LS W f A.).The RECIPIENT will report program progress and expenditures for those quarters when eligible costs related to these events occur; and may charge user fees for some items or may drop user fees to increase volume of materials collected, crediting LSFWA for any revenue received from fees or commodity sales on items this Agreement is directly supporting. The RECIPIENT has contracted with a number of vendors to collect and properly recycle items at each event. LS WFA does not pay for disposal or cost covered by existing product stewardship programs (E-cycle Washington, LightRecycle Washington, ete.) or for any new product stewardship programs that are adopted during this Agreement period. Costs ofinembership in civic, business, and technical/professional organizations are allowed when covered in the overhead rate. If the RECIPIENT does not charge overhead to this Task,they may be directly billed if pre-approved by ECOLOGY. The RECIPIENT will note a return to the requirement for ECOLOGY review before printing promotional or other materials to be paid for by monies granted under this Agreement.The full text of this requirement can be found in Proviso 4IS under the General Terms and Conditions below. Task Goal Statement: To reduce waste going to the landfill and preventing environmental pollution by holding welLorganized collection events. I'm YvlarciedOutco1e;: From up to four(4) collection events, the RECIPIENT expects to recycle an estimated 80 tons of mixed material and 2.3 tons of MRW (batteries) from approximately 1,700 resident participants out of making an estimated 54,000 contacts. Version 10110/"3GI s State of W nnhington[Saprtment of Fookggy Pap 7 d,19 Ap,cmant No: W2RI SWFA-1719-KuWW 00018 Pmjcet Title: 2017-19L WFACltyo(KettttMf Rompient Mww, CRY 01 tKFI41 Ita Wa1ole{n.,;V ask ( o811I;1J.N!,raor Tony Donati Recycling Operations Deliverables Number Description Due Date 1.1 Work as defined in the Scope of Work For this.Agreement is 06/30/201 O implemented. Va;rsion 10/3Cll2t)[i Si Me f Vdnsl,i'i n I)c Pi[M,cnt of I i,oingy ,AYI drment N¢ W2F1 `,141 A-1719 k Vl?,, 00oItl I J,.cI title. RlI/ 1 14WWA Uiv nl feat 101 1tr Ifm nt N I,i ivr CRY f)1 KF.N1 BUDGET Funding Distribution EG180452 NOTE: Yhe. above funding distribution number is used to identify this specific agreement and budget on paytnent remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribulion numbers to identify each budget. Funding Fide: City oFKcntIMP Funding Type: Grant Funding Effective Date: 07/01/2017 Funding Expiration Date: 06/30/2019 Funding Source: Title: State Building Construction Account(SBCA) 'Type: State Funding Source °%: 100% Description: Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect Rate:259/6 Recipient Match %: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No City of Kent IMP Task Total Recycling Operations $ 6t,092.00 Total: S 61,092.00 vcrrtlon lWffl/201) S(Ateoi Wa:;hiIIpkii UtPl I lmcii(n I I,,o 1 o@p Pagc9ol'19 Agrecmcni No. v2RIfi VIA 1M K.e11(P'a'{1001J PWJCol I lle: Mi/ IP I SWI'A CIt( if'I<cnl lhdP dlecipicnt I`Jame CITYOf KIN] Fuudiclt, Dl`5Crtlautiarr_'r'umuaary Recipient/ Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total City of Kent IMP 25.00 % $ 15,273.00 $ 45,819.00 $ 61,092.00 Total $ 15,273.00 $ 45,819.00 S 61,092.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS Nth. SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. C.I R I' ICA l'ION R_ GA RDItC , 1SPFN410N, ._... . , JR VOLUNTARY . . _ _.EXCLUSION: I. The RECIPIFNI/CONTRACTOR,by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded,as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONY RAC'I OR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION,DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR 180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal Wnrsion 10/tOPOI5 >i�lu a W a:11111 1 Ur.C^r(m-mi )I I:COlogy Pngc 10'0 19 Agtrxancni No W M,SWI'A-17P�3-K,,0'VV 0001S k'upu,l ride; 201 ' IVtftVWL 't ay of k"11 HVII, 12ecipien[Mme (JIY OU IKI NI remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred,and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in �tI41� rr�ss w.S.ppntgsty, and print a copy of completed searches to document proof of compliance. B 1 I DERF„.I. F �.� NU AC-t._f?LIN_,_... . ti. :t RI t !'mR� MI:NIS:, _....... CONTRACTOR/RECIPIENf must complete the FFATA Data Collection Form(ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each oCthe criteria below must report compensation Far its five top executives using the FFATA Data Collection Form. Receives more than $25,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds, Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFA"1'A Data Collection Form, Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at % ww Isp;..gu", VsiN'J!ovr,° within 30 days of agreement signature."fhe FFATA information will be available to the public at uww usuependirgf2,�ot� VrofYp:,(Mv��er.us�IIt ndm�t�,ny�f For more details ou FFATA requirements,see wtvt,v_.0'� b 1.r1� <hlq,q/�w„wsy lsrsti W..oM,t">,. Vcrnion IOl3012015 Sf I,lr or Wushi nr,lmi Ur{iurtmcIII I rl I r.rrinyy P'Agn l l of 19 Apr" rneri Nli W RI ,WFA-171n-Kent PW 00018 Piol,. i'I'ilia: 2017-19 L5WkA l I of N:e nL OA4 I' P t,tiperil I Jm[i, Cllt, 01 KIAIJIL GENERAL TERMS AND COND[T[ONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION 1. ADMLNIS"ltLAIIVEREQUIREMENTS a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans EAGL Edition." (littps://fortress.wa.pov/ecy/publications/SummaryPages/1701004.h(m]) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of al I funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all subgrantecs and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMEN"IS AND MODIFICATIONS This Agreement may he altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s)of this Agreerent will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. _ 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered,disturbed, er damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at(360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work tinder this Agreement: Version 10130/20G S[ ¢:of Washi II;Uni I)q ahwIII of I '.a lng', I`,J r20l 19 ASiunmtrl Nrr. IN21t1 'iM1 fA-I I11: I1'W 0013 I rjcri. F 1r. 2011 11)1.SWI A<'iq oI K It 1PaP I HU11L IN an ir: ('ITY01 KiEP41 • Immediately stop work and notify the local Law Enforcement Agency or Medical Fxalniner/Coroner's Office,and then the ECOLOGY Program. e) Comply with RC W 27.53, RC W 27.44.055, and RC W 68,50.645, and Al other applicable local,state, and federal Taws protecting cultural resources and human remains. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIE.NT's designees, ECOLOGY, all affected local,state,or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIFNT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall act 'invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty(30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RFCIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website,hitp://wwvv,des.wa.gov/services/ContractitigPurehasitig/Business/Vendoi,Pay/Pagesldctault.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email payeehelpdesk(tifwatech.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT faits to satisfactorily comply with any term or condition of this Agreement. i) Monies w thheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specitied herein. j) RECIPIENT must submit within thirty(30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related Co this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies ofthe United States and the State of Washington which affect wages and jab safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project arc obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. VarUion 1000001> `1)(c'j r`r'ro;hin(I f nl I lrartmcnl rl 1 o1n("y PaOe 1§nr 14 A anent No W.KISWIA-I )I) Han[PW 00018 Po)r,I J 11,: 2.0111r) 5Vfl Aril,of Ki 1nigP lir,pwin[Name CITY(fl KVNI ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTERES'L RECIPIENT and ECOLOGY agree that any officer, membor, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement,shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement RECIPIENT shall award all contracts for construction, purchase of goods, equipment, sclvices, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement processor follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RE.CIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the oxteut and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. c) ECOLOGY sends a written answer within ten(10) business days,unless more time is needed, after concluding the review. "I'he decision of ECOLOGY from an appeal will he final and conclusive, unless within thirty(30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review offhe Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. LNVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact WrHion 1 013 0/2 0 1 5 SI1I nl W,Whine a¢ )(.imrtmen n P of I olol yv I'"pr 19 of 19 4iamnnlNo W1P.1 ',AWA-1719 K�WP%k 011018 1" Irr11,11,c 201119TSWF A< i Iyof I<cnt tlalP k"ipi,ii Nm i',r ( I I Y 0I hP'V'I the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator Instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004(Ecology Publication No. 04-03-030), • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data thatwas collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT tnust confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.eey.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: litips://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery,related tables, raw data collection files, map products, and all metadata and project documentation. t2. GOVERNING LAW 'Phis Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of-rhurston County. 13. INDEMNIFICATION ECOLOGY will in no way behold responsible for payment of salaries, consultant's fees,and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDFPF NDEN'I S'EATUS The employees, volunteers, or agents of each party who arc engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15, KICKBACKS RECIPIENT is prohibited frorn inducing by any menus any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16, MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBF,) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned(WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or(1uantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified version I0,I [OI i SIII( ,d W shin(,iou t),Pnrtmeni I I I I,cnlo\y 1 .Ce IU of 9 AVi ti:muo No. IAtR1 SIMI A-17III K.,I)tll\v 1100 18 I III, :YI i 11I.SWI'A(;itV of lK,m.IMP Rcolpin;nl➢dome.' C'I IY,H�KEN I minority and womcn's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-L064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 17. ORDER ON PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations,(b)The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (c) Any provisions or terms incorporated herein by reference,including the "Administrative Requitements for Recipients of Ecology Grants and Loans"; and (0 the General Terms and Conditions. 18. PRESEN'CA'FION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIRNT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet and any online communications,such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs,drawings, printouts,etc.) that best represents the item. Any communications intended For public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of Funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. e) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January I through March 31, April I through June 30,July 1 through September 30, and October I through December 31. Reports shall be submitted within thirty(30) days after the end of the quarter being teported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish,recover, or otherwise use the material(s) or property, and to Vccvion 1 013 0/2 0 1 5 Snir of V"dslnnf(oll 6cpartmcnl of] ('olop Panc 16 of 1') p rvnlnlcnt No vf2RI rMA-i 71 i I. u1PV✓-0011118 Plop�I1iJ, J 0111 )1 S W f A( try of Ken t II AP R r,1punt K uni;:: ( fl"I11 ItIiIdf authorize others to use the same for federal, state,or local government purposes. b) Publications, When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos,reports, maps, or other data in printed reports,signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillmentofthis Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personat property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. c) Personal Property furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. if said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the REC(PIENT for the fair market value of such property. f) Acquisition Projects. The follovwing provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: L RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agrecment. ? RECIPIEN"f shall provide satisfactory evidence of title or ability to acquire title for each parcel prim to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies,Torrens certificates,or abstracts,and attorney's opinions establishing that the Land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase,or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the Final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been property invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative. For inspection at any time during the course of V,, Ion 111/1 0 01 1s GI01c nl PrparOnanl 011 unhngv Page 17o1 19 rl iuenu:nl No UV21 1 1V/l'.A-1719 KrMMAI-00019 P�u�ti ar Title. )017191 "'WFA tilt It Kent lMP this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide tight of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. 22. RECOVERY OFFUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditures) or unallowahle cost charged to this Agreement shall he refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by chock payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30)days of a written notice. Interest will accrue at the rate of twelve percent(12'%) per year From the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement,at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall beheld invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions or this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43 2I C RC W and Chapter 197-11 WAC) have been cr will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLHPRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferabte products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs, b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100%post-consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, , https://ccoloRy.wa.gov/Regutations-Permits/(juidance-technical-assistance/Sustainable-purchasing. 27, TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with it seven (7) calendar days prior written notification to the Version I0/30/2015 SI 00 of W Atihinj,Lon I),rgvwwnl it t color" Ner,e 16 or 19 Agmen�cal No VNI 'iWFA-1714-ICcutr'W-OWN PIoµ-CCiria IM7 1' L!;WFA U4 of KcMI fP Rccpiu 111 Name: CIM)l KINI RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any dale nmivally agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of F.COI,OGY to the RECIPIENT is contingent upon satisfaetory performance by the RECIPIENT of all of its obligations under this Agreement, In the event the RECIPIEN'I unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach ofthis Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. II this Agreement is so terminated, the parties shall be liable only for performance tendered or costs incurred in accordance with the terms ofthis Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding From state,federal or other sources is withdrawn, reduced,or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY,at its sole discretion, may elect to terminate the Agreement, in whole or pall, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or resu ictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension. ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's rcimbursemcnt exceed ECOLOGY's total responsibility under the agreement and any amendments_ Ifpayments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall riot be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall he contingent upon availability of funds by the RECIPLEN Vs governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event oF-Finmination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY,will become property or ECOLOGY and the RECIPIENT shall be entitled to receivejust and equitable compensation for any satisfactory work V crsian I(JISI)/,>,p 15 State of Washington Ihjpnrhnrnt of Geology PeHr.19 of I9 Agreu,mit No, W2RL",WI1A 1'719-Ken lw00l1h Project,Title 20[719 LSWFA City of Kcnt IMP ReelpL;nf Name: t7FFYOf KEPII completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified heroin. 28. THIRD PARTY BENEFICIARY RECIPIENT shalt ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Version 10/30/201S I �Tm sB m�co�rr �m s sea — 4 1 PMPWV+ lu EO B C cryl FP OW W;p 9 oenMn Trco�, 4Fnt�e M �� •m0 W lllllli �uwry